Orange County NC Website
Browse       Search
Information From County Attorney John Roberts <br /> <br />The voting statute (below) is very generic and doesn’t require a specific manner of <br />voting and neither do the Board’s rules of procedure. In my opinion the Board may vote <br />in any manner that is open, with the very limited exception of some closed session <br />topics, and is recordable in the minutes. <br /> <br />Generally, all that is required to pass an action is “an affirmative vote” usually of a <br />simple majority. The Board’s Rules of Procedure reference Robert’s Rules of Order in <br />situations of ambiguity. Robert’s Rules recognizes that votes may be taken any number <br />of ways as follows: “In small assemblies the vote is often taken by "show of hands," or <br />by "raising the right hand" as it is also called. The other methods of voting are by rising; <br />by ballot; by roll call, or "yeas and nays," as it is also called; by general consent; and by <br />mail. In voting by any of the first three methods, the affirmative answer aye, or raise the <br />right hand, or rise, as the case may be: then the negative answer no, or raise the right <br />hand, or rise.” The only one of these methods recognized by Robert’s that I would say <br />would not work in North Carolina is the final example, mail. The others are fine. <br /> <br />§ 153A-42. Minutes to be kept; ayes and noes. <br />“The clerk shall keep full and accurate minutes of the proceedings of the board of <br />commissioners, which shall be available for public inspection. The clerk shall record the <br />results of each vote in the minutes; and upon the request of any member of the board, <br />the ayes and noes upon any question shall be taken and recorded.” <br /> <br /> <br />John L. Roberts <br />Orange County Attorney <br />(919) 245-2318 <br /> <br />3